A decision will be issued on or around February 28 regarding PCHB NOS. 12-093c. We’ve previously blogged about this particularly impactful case (here, here, here, and here) and are eagerly awaiting the decision.

The challenge to the 2013-18 Phase I NPDES Municipal Stormwater Permit (“the Permit”) was supported by numerous cities, counties, the Building Industry Association of Clark County, and the Washington State Department of Transportation. The appellants have argued that multiple provisions in the Permit may be “unlawful, unjust, unreasonable, impracticable, vague, ambiguous and/or inconsistent with applicable laws and regulations” and have questioned whether some of the Permit’s requirements are beyond the Department of Ecology’s authority to impose. Regardless of which way this decision goes, it will have a large effect on development in Washington. Stay tuned for more updates.